Tipperary Independent TD Michael Lowry finds out today if he's been successful in putting a stay on his upcoming trial for allegedly filing incorrect tax returns.
Judge Tom Teehan is also due to rule on a separate motion on whether or not the case- if it proceeds as scheduled- should be heard in Tipperary or Dublin.
At Clonmel Circuit Court last July council for the former government minister sought to have the case “paused” on a number of grounds claiming it was tainted and corroded by illegality.
Mr Lowry of Glenreigh, Holycross is facing four charges of knowingly filing incorrect tax returns on separate dates in 2003 and 2007.
Arguing for a stay his legal team told Judge Tom Teehan that the whole trial has become cancerous due to the disclosure of the taxpayer's financial details and that a senior garda had been appointed to look into how these details were on both national and local media days after Revenue Commissioner raids on his home and business.
Defence Counsel Patrick Tracey also said that KPMG provided them with a second opinion that their client had no questions to answer regarding his tax affairs.
However Senior Counsel for the State Remy Farrell told the court there was no basis for evidence that there was leaked information from the Revenue Commissioners to the media and no controversy has been identified.
The DPP also sought to have the case moved to Dublin claiming a jury in Tipperary could be biased but Michael Lowry legal team argued that a jury takes a solemn oath and that any assertion of bias, makes little of this oath.
